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Federal Act
on the Amendment of the Swiss Civil Code
(Part Five: The Code of Obligations)

Art. 216d81

II. Ef­fect of pre-emption, con­di­tions

 

1 The seller must in­form per­sons with a right of pre-emption of the con­clu­sion and con­tent of any con­tract of sale entered in­to.

2 Where the con­tract of sale is ter­min­ated after the right of pre-emption has been ex­er­cised or if ne­ces­sary per­mis­sion is re­fused for reas­ons per­tain­ing to the per­son of the buy­er, such ter­min­a­tion or re­fus­al has no ef­fect on the per­son to whom the right of pre-emption ac­crues.

3 Un­less the pre-emption agree­ment provides oth­er­wise, the per­son with the right of pre-emption may pur­chase the prop­erty on the con­di­tions agreed by the seller with the third party.

81In­ser­ted by No II of the FA of 4 Oct. 1991, in force since 1 Jan. 1994 (AS 1993 1404; BBl 1988 III 889).